Ensembled approach to both unfaier enrichment and impoverishment in order to objectify solutions for equity. A study about the business causa

Abstract

The need of promoting the preservation of the economic capacity of the individual is set out so, parting from the solvency and the self-guaranteed liquidity, the economic trajfic can be faced with a greater guarantee of the personal integrity provided that reality shows a market in the very middle of an upheaval with severe instabilities —from the possible enrichment (which takes place in the shelter of a globalization that opens horizons in order to overcome the crisis, being it focused in the euro zone or within national borders); to the grave risk of bankruptcy (due to reasons such as the unemployment issue, the crash of the real estate bubble or the fall of credit). In order to understand that Law is not comfortable with this high speculative oscillation we must go through the different positive solutions which implies, in the Business’ field, a patrimonial stability, listing the informing principles with the aim of legitimising those Law precepts and arguments; and, from that needed point of view which rejects both unjust enrichment and impoverishment, also both mistakes and precepts that will help recover the balance, stability and compensation will be able to be normalised and even objectified. Because all of these reasons, it comes advisable revitalising the role, significance and relevance of the Business cause so the patrimonial attribution can be recognised in Law censoring whenever it becomes denaturedfor excess or for default. Going to the contract’s justice and to the Law ’s reason in every patrimony movement dependent of the will’s autonomy.